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Full-Text Articles in Law
Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack
Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack
Articles
Man mano che la nostra conoscenza e la nostra esperienza crescono, i concetti assumono un significato nuovo e più ricco. La filosofia del linguaggio recente (post-Fregeana) hanno prestato poca attenzione a questo fenomeno; e filosofi radicali come Feyerabend e Rorty diedero per scontato che il cambiamento di significato fosse una minaccia alla razionalità. Ma i pensatori nella tradizione pragmatica classica – Peirce nella filosofia della scienza e, più implicitamente, Holmes nella teoria giuridica – riconobbero l’importanza della crescita di significato e capirono come questa potesse contribuire al progresso della scienza e all’adattamento di un sistema giuridico al cambiare delle circostanze. …
The Tragedy Of Justice Scalia, Mitchell N. Berman
The Tragedy Of Justice Scalia, Mitchell N. Berman
All Faculty Scholarship
Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia’s particular brand of …
On Creativity In Constitutional Interpretation, Pierre Schlag
On Creativity In Constitutional Interpretation, Pierre Schlag
Publications
In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …
The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer
The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer
Articles
In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …
Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.
Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.
Faculty Scholarship
No abstract provided.
Three Mistakes About Interpretation, Paul Campos
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
Articles
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …